Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
July 23, 2016 By HG.org
Sexual crimes and offenses are rampant through the United States. The crimes often increase in number each year, and some of the victims are repeatedly subjected to this abuse. Worse is the fact most individuals subjected to these crimes know their attacker. With the help of a personal injury lawyer, compensation may become available for injury and treatment. Other assistance for pain and suffering or therapy may be possible if compensation payouts are obtained through a successful trial.
July 21, 2016 By Folkman Law Offices, P.C.
The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994).
July 21, 2016 By Folkman Law Offices, P.C.
Tens of thousands of citizens join health clubs or gyms to stay healthy. The Centers for Disease Control and Prevention recommend that adults get at least 150 minutes of moderately intense aerobic exercise every week, and many people join a health club to improve their overall health.
July 21, 2016 By Rone & Kowalski, LLC
Accidents at work can happen anywhere. Ashley Furniture, the nation’s largest furniture manufacturer, recently settled claims of safety violations brought by the federal Occupational Safety and Health Administration (OSHA) for $1.75 million. OSHA found numerous safety violations in the company’s manufacturing plants which it alleged caused over 1,000 worker injuries, including amputations.
July 18, 2016 By E.S. Borjeson & Associates
An April 3, 2016 collision on the southbound tracks just outside Chester, Pennsylvania fatally injured two railroad workers. The family of one of those men recently responded by filing a negligence action against Amtrak. According to the complaint filed on behalf of the worker’s two grown children, Amtrak failed to take reasonable steps to avoid the tragedy.
July 18, 2016 By E.S. Borjeson & Associates
Three of the largest Workers’ Compensation insurance companies in California have been accused of hacking into over 32,000 confidential Workers’ Compensation files in a federal lawsuit filed by a California worker. The lawsuit is seeking class action status after being originally filed in April of this year.
July 18, 2016 By d'Oliveira & Associates
Due to the accidental deaths of several children, IKEA has recalled millions of dressers and chests for the safety of the general public.
Tragically, airplane crashes often result in catastrophic losses. Hundreds of people may die in a single incident. Those lucky enough to survive often suffer from debilitating injuries. When an airplane crash occurs, those affected may consider how to seek compensation for the losses that they have suffered. Airplane crash investigation and liability can often be complex.
Personal injury victims who successfully establish that a defendant’s negligent, reckless or intentional actions caused them to suffer injury are entitled to seek damages. However, damage cap laws may put a maximum recovery amount on the award, limiting the victims from being able to receive the full compensation to which they may be entitled.
Although premises liability claims are often based on the negligent actions of a property owner that led to a slip and fall or other injury on the property, premises liability can also apply to cases involving intentionally causing injury to the victim. This extends to third parties who are unaffiliated with the business causing harm to others on the property owner’s property.
Emotional, psychological and physical issues arise after the acts of sexual assault or rape to most victims. Many different issues may occur, but specific psychological ones may leave an impact on the life of those affected. It is important to know what these problems may be, how to cope with them and how to resolve or repair the damage.
Whiplash is a common injury in car accidents that occurs when a person’s neck jolts back-and-forth in a sudden, sharp motion, most often occurring during the impact of a car crash.
Facebook, Twitter, and other social media websites have become a central part of millions of American lives. Individuals share events, photos and thoughts with family and friends without consideration to the consequences that can occur in the future.
In February 2016, a New Jersey man filed a premises liability lawsuit against Council Rock School District in Newtown, Pennsylvania.
A Blakeslee, Pennsylvania woman slipped and fell on ice while getting her mail from the Blakeslee Post Office this past February. The woman alleges the accident was due to the negligence of the post office; she sustained injuries to her right arm, neck, lower back and right leg; and has also claimed respondeat superior/vicarious liability against the owner of the land, Kirby Upright.
July 14, 2016 By Nerenberg & Gagliano, P.C.
The actions a person takes the moments after a slip and fall accident are vital to not only their health, but also to their ability to hold another person, group of people or entity responsible for their injuries.
July 12, 2016 By Galfand Berger LLP
The number of people who have suffered serious injuries and even lost their lives from malfunctioning or faulty automated gates is simply too high to have no changes implemented.
July 10, 2016 By HG.org
Section 1877 of the Social Security Act is commonly referred to as the “Stark Law.” This law has important provisions regarding physician self-referral for the purposes of Medicare and Medicaid.
July 10, 2016 By HG.org
Professional athletes may suffer from head injuries for a number of sports and actions. Head injuries can result in significant consequences to the athlete, making it important to identify who has the responsibility of covering such injuries in the event they arise on the field or in the arena.
When negligent behavior injures patients, physicians are subject to claims of medical malpractice. This phenomenon is becoming a serious problem in the United States. Studies have determined medical malpractice to be the third leading reason people lose their lives in America.
Energy drinks saturate the market from the simple brand names that give energy for hours to the generic that hold mostly caffeine but nothing else. For the last few years, these products have been linked to several instances of death among consumers.
People often confuse negligence, torts and personal injury claims. These terms are used often, but it is sometimes difficult to understand the subtle differences when liability becomes an issue. Collecting monetary damages from each may be confusing as well, but it is important to know when actions are intentional versus accidental.
With the summer months come relaxation and recreation. Longer days allow for more adventures in the outdoors. Activities increase in proportion for most people. However, with the greater amount of activities comes a much higher degree of accidents. Safety and assistance to those injured during these months are important to family and friends. It is with safety guidelines and caution that most activities have fewer mishaps.
Accidents often occur in construction sites to workers and managers dealing with material. For the companies that purchase a workers’ compensation package, these individuals usually obtain benefits from these programs to compensate for lack of work, loss of limb, lost income and other related issues. These benefits are normally available no matter who is at fault for the accident.
July 8, 2016 By Solnick & Associates, LLC
In Pennsylvania alone, distracted driving and cell phone use resulted in thousands of injuries and more than 200 fatalities last year.
July 7, 2016 By Galfand Berger LLP
The American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) compiled a report on worker safety, losses and deaths recently. Not only did the report tackle issues of gender, race, job industry and more, but it also exposed the most dangerous states in respect to worker fatalities and injuries.
July 8, 2016 By DiTomaso Law
People injured in a slip and fall accident can suffer serious personal injuries. When the slip and fall accident occurs because a property owner failed to clear debris, snow, or ice from their property, the victim may be entitled to compensation. Property owners who fail to take necessary precautions to ensure the safety of people on their land can be held liable for injuries under premises liability law.
July 8, 2016 By DiTomaso Law
On May 5, 2016, the Food and Drug Administration (FDA) passed legislation imposing rules on e-cigarettes after nearly ten years of the product being available to consumers.
July 12, 2016 By LeViness, Tolzman & Hamilton, PA
Anton Yelchin, an actor best known for his role in Star Trek, was fatally injured June 19th when his 2015 Jeep Grand Cherokee rolled down his driveway, striking him and pinning him against a security gate.
July 11, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Summer is just around the corner and we can all look forward to days at the beach and long, lazy Sunday afternoons lounging around the pool. In order to stay safe this summer, make sure that you take necessary precautions against slip and fall accidents.
When a pedestrian is struck by a moving vehicle, catastrophe often follows. A pedestrian has limited protection against a vehicle weighing thousands of pounds. However, one defense that the driver may attempt to use is comparative negligence.
Personal injury cases arise when a party’s negligence is responsible for another’s injury. Personal injury cases can be more complicated when children are the victims.
When an individual is involved in an accident that is caused by another party’s negligence, the injured victim usually has the right to pursue a personal injury claim to recover compensation for the damages that he or she sustains. However, when the victim dies as a result of such negligence, a wrongful death claim may arise.
Cruise ships sail in the open water to various destinations. If an accident occurs onboard that causes injury, it may become difficult to know who is responsible. When in another country, the guilty party becomes even more difficult to determine.
When summer approaches, air travel and road transportation increase to a great degree. Due to the volume of vehicles on the road, accident statistics soar during these hotter months. The potential of summer month accidents increases the closer the season approaches. The collision issues affect both those traveling as well as those just driving to work, home or to entertainment facilities.
In today’s world of smart phones and instant access to information through various video formats, it is easier than ever to record someone without their knowledge. Due to its accessibility and ability to use it easily, video surveillance is often used to assist in various legal proceedings, including defending against personal injury cases.
Insurance companies play an important role in the aftermath of a car accident. In some cases, the accident victim must make a claim against his or her own insurance company. In other cases, the claim is made against the insurance company that insures the party responsible for the accident. Regardless of the circumstances involving the accident, the person involved in the accident may consider taking the following steps:
Cardiac stents are among the most common and regularly used medical devices. They are used to open a person’s arteries. Every year millions of Americans receive these implants. An estimated $110 billion provides stents for approximately seven million Americans. Despite their common appearance in modern medicine, many medical malpractice claims arise due to cardiac stents.
Skin procedures involving lasers have become a routine process for removing hair and reducing wrinkles. These surgeries have become popular to those that want to attain a specific look or have a younger appearance. Some of these procedures only require minutes to complete and are easy for patients. This has allowed a wider base of clients to opt for these operations. The convenience allows individuals of all ages the luxury of laser surgery.
Dental mistakes are just as common as medical mistakes. Sometimes making a mistake makes a cause for legal action to arise. Often, victims are unaware that they may file a claim because they do not know or understand their rights. Because insurance businesses do not publicize details regarding cases, little is known about many instances or the full extent of statistics regarding malpractice and dental mistakes.
Highways, expressways and major traffic areas are often undergoing construction. Some states have roads constantly being repaired while other states have reparations only occasionally. Due to erections in the road, truck traffic, construction cones and other machinery or decaying ground, the roadways are much more dangerous than other areas. This causes construction zones to be associated with a higher number of accidents.
Auto defects may cause more fires than any other issue. Many of these defects are electrical in nature which may ignite other parts of the vehicles. When a person is driving a car that is engulfed in flames, the occupants of the vehicle may suffer severe injuries.
The dangers of crossing railroad tracks is a very real threat for some individuals. Pedestrians and vehicles sometimes wander into the railroad intersections, causing pedestrians and occupants to become grievously injured or lose their lives. It is always important to follow safety procedures when crossing the road, when traffic poses an issue and when dealing with potential rail cars.
Crude oil trains are responsible for transporting this important resource across the country. Given the flammable nature of the product and the high demand, transporting this product can be dangerous.
July 1, 2016 By The Pendas Law Firm
A female high school lacrosse player recently filed a personal injury lawsuit against Orange County, the Florida High School Athletics Association, and the opponent who dealt her the blow that caused her to sustain a concussion during a game. The Orange County lawsuit seeks $15,000 in compensation as remedy for the victim’s injuries.
July 1, 2016 By Barbas, Nuñez, Sanders, Butler & Hovsepian
Facial injuries can be devastating and traumatic. In the personal injury context, they are different from other types of injuries; the very appearance of a scar, a wound, or disfigurement may need to be compensated. Much more than visible damage to other parts of the body, facial injuries can cause emotional distress, affect quality of life, or require reconstructive surgery. How does a personal injury case function or change when the injury is to a victim’s face?
July 1, 2016 By Alan Goldfarb, P.A.
Accidents between a pedestrian and a car can be some of the most dangerous kinds of vehicular incidents in terms of the possibility for serious personal injury or death. The weight and momentum of a vehicle, combined with the lack of protection inherent to being a pedestrian makes it so that even a low speed collision can cause grievous injuries to the people involved.
July 1, 2016 By Fox & Farley, Attorneys at Law
In any space that is open to the public, such as a retail store or restaurant, the owner has a legal duty to its customers (or “invitees”) to ensure the property is free of any dangerous conditions that it knows about or reasonably should have known about.
July 1, 2016 By Gillette Law, P.A.
After suffering injuries in a car accident, a person may seek compensation or coverage for the medical bills related to these injuries, either from their own insurance company or from a third party insurance company. Whichever insurance company a person is dealing with, there may come a point in the claims process where additional medical information is requested by the insurance company.
June 30, 2016 By HG.org
Many injuries occur between private citizens. Some cases involve businesses. These cases tend to be more straight-forward than cases in which the government is named as a defendant due to complex legal issues.
June 30, 2016 By HG.org
In order to be enrolled, many states require students to provide proof of immunization to attend school, including Illinois. Until recently, parents were permitted to excuse their children due to medical or religious explanations. For religious exemption of this requirement, a letter from a parent to the school administration was all that was needed stating the children’s vaccination violates religious beliefs held by the family. Medical exemption could be proven with a letter from the doctor.
June 29, 2016 By Pita, Weber & Del Prado
Summer is the time of year when people usually think about all the time they plan to spend outside enjoying the weather and spending more time with their family. While Florida’s climate allows for outdoor activity year round, there is still an emphasis on doing more during this season, now that children are out of school. Many of these activities happen on or around water due to the state’s geography, and as a result, Florida has one of the highest levels of boat ownership in the country.
June 29, 2016 By Hornsby Law
Nursing homes ideally provide safe, nurturing environments for individuals who cannot live on their own. Unfortunately, many nursing home residents in Florida and throughout the United States find themselves suffering from illness and injury as a result of poor sanitation, unsafe conditions, and abuse from their caregivers. When this happens, the victim may be eligible to receive compensation for his or her damages through a nursing home abuse claim.
June 27, 2016 By Carter Capner Law
You may have heard the term “no win no fee” when you were discussing injury lawyers, workers’ compensation lawyers or disability lawyers. The “no win no fee” representation is most commonly found in people who have open personal injury cases. You may be wondering how much such lawyers charge for their services.
June 26, 2016 By HG.org
The safety of children is paramount when traveling in any vehicle. The number one reason children under eighteen lose their lives is due to traffic collisions. With the right steps, many of these deaths can be avoided. The steps drivers take may assist both the children and themselves.
June 25, 2016 By HG.org
Entire vehicles and specific auto parts are recalled often due to defects. Some sources state vehicle recalls happen almost every single day. Information regarding vehicle defects is often available and sometimes mailed to owners of the recalled vehicles. Despite this information, many owners and operators of these vehicles fail to repair the defect or avoid the recall entirely.
When a person suffers an injury because of a prescription drug, questions regarding liability can arise. Courts must grapple with the concern over which manufacturer should be held liable.
When police suspect criminal activity is afoot, a police pursuit may give rise. While the law enforcement officer is attempting to capture a criminal, sometimes innocent people wind up injured because of such pursuits. When this occurs, questions arise as to the liability of the parties involved.
Individuals who are injured at work typically file a workers’ compensation claim if they want the employer to take financial responsibility for the injury. While an employee does not have to show that the employer was negligent and caused the accident, evidence of this characteristic can have legal significance.
Personal injury claims are often based on the negligent acts of individuals and how these led someone to be injured as a result of a car accident, slip and fall or medical mistake. The physical effects of such accidents can be devastating. However, many such accidents often result in significant psychological injuries.
In the quest to be thin in lives that are already full to capacity, many individuals look for ways to shed pounds quickly. Diets, protein shakes, working out, supplements and programs are a few options. Consumers are constantly bombarded with messages that show that thin is an attractive quality.
June 24, 2016 By The Law Office of William W. Hurst
House Bill No. 1048 will add a section to the Indiana Code that makes it illegal for vehicles involved in an accident to remain on the road. As of July 1, 2016, crashed vehicles will be required to move off the road as quickly as possible.
Breast cancer is a great concern to many, and it incessantly plagues individuals in the United States along with the entire healthcare system. Diagnosing breast cancer may be a difficult process based on the related issues in the same area.
Technological advancements have paved the way for genetics-based treatment for the medical world. It has been hailed as the future of medicine that can lead the nation into a more technologically-inclined world. With a fully explored genome, medical treatment can be a customized experience.
June 24, 2016 By d'Oliveira & Associates
Johnson & Johnson must now pay $55 million in damages to victim who claims the company’s talcum powder caused her ovarian cancer.
June 23, 2016 By HG.org
American vehicle purchases tend to sway back and forth between large vehicles to compact vehicles. Consumers are also fascinated with using ATVs as recreational items for personal and family use.
June 22, 2016 By Heygood Orr & Pearson
Insys, the company behind the fentanyl sublingual spray Subsys, and former employees at the company face investigations and criminal charges regarding the marketing of Subsys to doctors and patients. The Subsys fentanyl spray, which is used to deliver the powerful opioid to patients, has earned billions of dollars for the company.
June 22, 2016 By HG.org
Many teens and young adults report drinking even when they have not reached the legal age limit of 21. If a teen consumes alcohol and then causes injury to another, other individuals may bear responsibility for the actions that followed consumption.
June 22, 2016 By HG.org
Automotive crashes continue to be one of the main reasons for American deaths. After seeing a decline in traffic fatalities for many years, 2015 saw an uptick in accidents. Many factors contributed to a higher number of accidents.
June 21, 2016 By Kaass Law
Insurance company may use Colossus to determine how much to pay you for your personal injury claims. What type of information do insurance companies input into Colossus? Spine Treatment, Medical Aids, Neck Collars – Different types of neck collars are treated differently, Treatment Gaps, Pre-existing Condition, Degree of aggravation, Future Medical Bills, Hospital Treatment, Pain, Depression, Anxiety, and other information.
June 21, 2016 By HG.org
Pancreatic cancer begins in the pancreas. Generally these cancers are exocrine gland tumors. Exocrine glands comprise perspiration, saliva, mammary, sebaceous and mucous.
June 21, 2016 By Aaron Waxman & Associates
Many insurance policies are drafted with confusing and technical terms that appear in denial letters. This is why it is important to hire a lawyer who practices disability law and can help you understand the meaning of these terms and why your claim was denied, and of course, represent your best interests.
Accidents involving multiple vehicles happen each day in various states, and it only takes a moment to cause irreparable damage. Numerous factors play into the root cause of these collisions and the determination of liability.
Whether going out to eat or eating at home, many individuals are harmed by different types of food. Safety may not be the first thought for many that handle food products, but negligence of food safety is a leading cause of illness and ailments from edible products.
Many gyms offer participants the ability to become members. Membership usually entails documentation that explains the use and rights of those within the gym. Likewise, individuals who are not members may still sign documentation or otherwise accept certain terms and conditions of using the facility.
While some sports are inherently dangerous, some individuals sustain injuries due to the negligence of others. Legal liability may exist when a person is injured while playing a sport, but complex rules may apply.
Restaurants may be dangerous places for both workers and customers. Accidents happen in the kitchen often, but mishaps may occur in the dining area as well. Various factors may cause these incidences, but many of the circumstances are preventable.
Every day, people are subjected to certain hazards while commuting to and from home, work, school and other locations. These hazards exist on the roadways as well as through other forms of transportation.
A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.
June 17, 2016 By Felahy Employment Lawyers
California's so-called right to die law went into effect June 9th, and its potential ramifications have been hotly debated between proponents of physician assisted death and disability advocates. Notably, the Disability Rights Education and Defense Fund, a group that seeks to ensure legal help for disabled people, has released an in-depth statement expressing vehement opposition to the new law .
June 12, 2016 By HG.org
Every year, millions of individuals sustain injuries or are injured in personal injury accidents, including car accidents, medical malpractice cases, dog bite cases and premises liability cases. When negligence causes another person to sustain an injury or to be killed, the victim or his or her family may be able to recover compensation for the damages that the victim sustained.
June 12, 2016 By HG.org
While many dogs are friendly and loyal companions, some dogs act ferociously and cause injury or even death. When a dog attacks a person, a careful assessment of the situation can help determine whether liability lies in another person or entity.
Many of the lawsuits filed in the United States are based on accidents and conduct that resulted in injury. These lawsuits are personal injury claims that seek compensation for the injuries that victims sustain. Before pursuing a legal claim of this nature, it is helpful for victims to have a thorough understanding of these claims.
In any given jurisdiction, there are many lawyers from which to choose. Personal injury lawyers are lawyers who represent clients who were injured in an accident or through intentional conduct. They often represent car accident victims, but they may also work on cases involving medical malpractice, semi truck accidents, animal attacks and injuries caused by defective products.
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.
Surgery runs the general risk of ending a patient’s life through several factors that are minimized through regulations and guidelines. Healthcare professionals are tasked with taking precautions and ensure a sterile environment for all patients. When a mother is due to deliver a child, surgery may run higher risks than natural birth.
Many accidents involving vehicles are the fault of a driver or specific factors dealing with passengers, behavior, other drivers or conditions caused by drivers. In other instances, road issues may cause collision or accident on its own.
Many accidents occur through defects, negligence and accidental circumstances. While this holds true with most collisions or crashes, there are some factors that increase the rate of injury or damage on the road. These factors are characteristics of individuals that may increase the possibility of an accident or those that are likely to be distracted while driving.
June 9, 2016 By HG.org
Subrogation is the replacement of a person or group of people by another in respect of a duty or coverage claim, supplemented by the allocation of any supplementary rights and duties. In application, this allows insurance companies to direct claims liability to other parties.
June 9, 2016 By HG.org
Car accidents have been one of the leading causes of death during the last decade. Though the number of deaths has varied each year, the number of individuals who have lost their lives has been high in the United States. Damages and injuries cost billions in medical bills, medication, treatment and surgeries every year.
June 9, 2016 By The Law Offices of R. Sebastian Gibson
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will not even require the assistance of an attorney and you can win.
Many of us work desk jobs, getting up only a few times throughout the day to walk to a colleague’s office or cubicle.
June 10, 2016 By E.S. Borjeson & Associates
The estimated 130 million construction workers on jobsites across the U.S. face a potentially dangerous work environment on a daily basis. OSHA (Occupational Safety and Health Administration) cites there are approximately 150,000 construction accident injuries every year, with 5,000 of those injuries being fatal.
When you are injured on the job, you are entitled to file a Workers’ Compensation claim to seek monetary compensation for your lost wages while you are out of work to recover.
According to the National Safety Council (NSC), an American worker is injured every seven seconds, with 12,900 workers per day, and 4.7 million a year. As though this rate weren’t alarming enough, this number is projected to grow as 160,000 workers, many of whom were younger, took jobs in April of 2016. While it is reassuring that jobs are opening up after the economic recession, an emphasis on workplace safety is imperative.
According to the U.S. Bureau of Labor Statistics, farmers and others who work in the agricultural industry are among the top ten types of workers most at risk for being killed in a work-related accident.
June 10, 2016 By E.S. Borjeson & Associates
Last month, a 42-year-old worker at a Waste Management recycling plant in Holmesburg, Pennsylvania was killed when a bale of paper fell on him during a routine inspection of his forklift.
The Liberty Mutual Workplace Safety Index identifies critical risk areas in the workplace to help businesses better allocate their safety resources.
Wrist tendonitis occurs when repetitive motion or overuse causes the tendons in the wrist to become inflamed.